FARGO, N.D. -

The Minnesota DNR denies the permit application for the Fargo Moorhead Diversion Project.

The DNR recommends that the city continues to distribute sandbags in the case of a flood.

Mayor Mahoney says that's not an option and he will continue to fight for the building of the diversion.

The DNR says the project doesn't meet Minnesota's standard to protect public safety and promote public welfare.

Mahoney says it doesn't make sense because the Diversion Authority was told that its plans meet the environmental impact review.

Mahoney says the 2009 flood is an example that the people are worth more than just sandbag protection from a rising river.

"As leaders in protecting Fargo-Moorhead and it's residents in the area, we are steadfast committed to the diversion project and attaining real flood protection," said Mayor Mahoney.  "Moving forward, we will continue to move closely with our partners: City of Moorhead and the Corps of Engineers on this project."

Governor Mark Dayton says he supports the DNR's decision to deny the permit application.

On Wednesday, there's a meeting where those for the diversion will meet with an attorney to talk about legal matters relating to the claims the DNR made in the denial.